BD. OF EDUC. OF TRI-VALLEY CENT. SCH. DIST. No. 1 v. BD. OF COOP. EDUC. SERVS.


37 A.D.2d 330 (1971)

Board of Education of Tri-Valley Central School District No. 1 et al., Appellants, v. Board of Cooperative Educational Services of the Sole Supervisory District of Sullivan County, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 3, 1971.


Attorney(s) appearing for the Case

Scheinman & Kalter (Louis B. Scheinman of counsel), for appellants.

Rothblatt, Hanofee & Friedman (Tabner & Carlson, by C. Theodore Carlson, of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and COOKE, JJ., concur.


REYNOLDS, J.

This is an appeal from an order of the Supreme Court, Sullivan County, dismissing appellants' complaint for failure to state a cause of action.

Appellant district, one of the school districts included within the area served by respondent and which provides part of the financial support for respondent, seeks to obtain a declaration that section 1958 of the Education Law is invalid respecting the power delegated to respondent to change...

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